Can a plaintiff bring a claim against the individual defendants?
The following excerpt is from Mattos v. United States, 412 F.2d 793 (9th Cir. 1969):
Dismissal of suit against the individual defendants was based on Bailey v. Van Buskirk, 345 F.2d 298 (9th Cir. 1965), cert. denied 383 U.S. 948, 86 S.Ct. 1205, 16 L.Ed.2d 210 (1966), holding that one soldier may not sue another for injuries resulting from acts performed in line of duty. Appellants seek to distinguish that case in that there suit was brought against an officer of superior rank, where as here the deceased soldier and the driver were of equal rank. We regard the distinction as without merit. It is judicial intrusion into the area of military performance that is sought to be avoided. As in Feres the availability of compensation for injuries incurred in military service renders such intrusion unnecessary.
Finally appellants contend that since there is no remedy against the
[412 F.2d 795]
United States, the exclusivity of federal jurisdiction under the Federal Drivers Act does not apply and the case should have been returned to the state court. We have recently held to the contrary in Van Houten v. Ralls, 411 F.2d 940 (9th Cir., 1969).[412 F.2d 795]
Judgment affirmed.
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